Effective September 24, 2007, deliveries to OAH must be made at:
600 North Robert Street
St. Paul, Minnesota
Starting on September 24, 2007, the OAH mailing address is:
Office of Administrative Hearings
P.O. Box 64620
St. Paul, MN 55164-0620
Mail sent to the Minneapolis office will be forwarded for a time, but parties should be cognizant of potential delays in filings made by mail over the period of the move. To file by facsimile transmission, use 651-361-7936. The general voice number for OAH will be 651-361-7900 and individual numbers for OAH Staff are on the OAH Staff Phone & Fax List. Email addresses remain unchanged, but email sent over the September 21 to 24 period is likely to be held at the State Mail hub, pending reconnection of the OAH mailservers. Email sent to OAH over that period will be delivered.
Please check back for updates on communicating with OAH.
Our central reception area, for both the Settlement Division and the Hearing Division, is located on the 17th Floor of the Washington Square Building. Our reception area opens at 8:00 a.m. If you should arrive before 8 a.m there is a a cafeteria located on the 4th floor of the building where you can get everything from a cup of coffee to a full breakfast or lunch menu.
| 17th Floor Reception | 100 Washington Square | Hearing/Conference Board |
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The conference/hearing schedule for the day is posted on the Board just outside the elevators when you arrive on the 17th Floor. Here you can determine whether your matter is set for a Hearing on the 17th Floor or is being set for a Conferernce on the 13th Floor. There is another reception area for the Settlement Division located on the 13th Floor. If you still have questions please check with our reception staff.
Our Duluth office is located in the Government Services Building in downtown Duluth at 320 W. 2nd Street, Suite 714.
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| Reception Area - Duluth | Government Services Building |
Cases begin in the Settlement Divison where there are several different types of proceedings. Conferences are scheduled in our downtown Minneapolis office on the 13th Floor, Suite #1306, of our offices in the Washington Square Building. (Phone (612) 349-2558).
Outstate parties are usually brought into the process by conference call. Proceedings before the Settlement Division are generally informal and there is no record of the proceedings. If the matter is not resolved in the Settlement Division it is referred (certified) to the Hearing Division. There are three types of proceedings in the Settlement Divison. The first is a Settlement Conference. This is an informal attempt to resolve the case by meeting with the parties and exchanging a demand for settlement and a response. The Settlement Divison Judge then works with the parties to attempt to resolve the case without the necessity of a hearing. The Settlement Division also conducts .239 Conferences and .106 Conferences.
| Settlement Division Reception | Typical Conference Room |
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The .239 Conferences arise where the employer and insurer, for various reasons, are attempting to stop payment of the employee's compensation benefits. The Settlement Judge hears the evidence and issues a Decision which either allows the termination of benefits or the Judge may order that the employer and insurer continue to pay benefits.
The .106 Conferences arise where the parties are in disagreement about the payment of medical or vocational benefits. Again, the Settlement Judge hears the evidence and issues a decision on the merits of the claims. These conferences can involve a variety of issues. In the medical area they can involve a request to change doctors, or for the payment of various disputed medical bills. In the vocational area these can involve a request to change QRC's (Qualified Rehabilitation Consultant) or for the payment of some disputed rehabilitation benefit.
There is no appeal as such to the Hearing Division because there is no formal record. The parties however can ask for a de novo hearing before a Hearing Division Judge. De novo simply means that the process begins anew and the decision in the Settlement Division is not binding on the Hearing Division Judge. Due to the large volume of cases the Settlement Division serves a vital function in resolving many cases without the necessity of a formal hearing.
In some cases a hearing may be necessary to resolve a disputed claim. Most hearings are set after an employee, surviving spouse, or dependent files a claim petition and the matter could not be resolved in the Settlement Division. The Claim Petition form can be obtained from the Department of Labor and Industry. Hearings are scheduled in downtown Minneapolis on the 17th Floor of our offices in the Washington Square Building, Suite #1700, (Phone # (612) 341-7635) and throughout the state (either in Duluth or at various county seats). If your hearing is set in Duluth their reception area is located on the 7th Floor of the Government Services Center, in Duluth (Phone # (218) 723-4966). We also conduct our hearings outstate at various county seats. The Notice of Hearing will tell you the outstate location. Once you arrive there, you can check with the Court Administrator's Office to find out exactly where (room or courtroom) the hearing will be conducted or consult with your attorney ahead of time.
| Typical Hearing Room |
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Your case may or may not be set for a Pretrial Conference before the Judge assigned to hear the case. Your attoney may nor may not have you attend that conference. If appropriate and the attorneys want another Settlement Conference, one may be set. This takes place in front of a Hearing Division Judge, but it will not be the same Judge who will hear your case. Once a hearing date is set, all parties are notified in writing of the date, time and place.
Any party may be represented by an attorney. A party is not required to have an attorney at the hearing. However, the statutes (Minn. Stat. 176.001 - 176.86) and caselaw governing workers' compensation are complex and representation by an attorney is often beneficial to a party's presentation of the issues. An attorney representing an injured worker is paid a contingent fee, that is, a portion of the total benefit awarded. This fee must be approved by a judge. If no benefits are awarded, your attorney may not collect a fee (the fee is "contingent" on your prevailing in the case). However, he or she might have you pay the costs of litigation (transcipts of depositions, fee for medical records, medical opinion letters, etc.) Attorney fees for obtaining rehabilitation benefits or medical treatment may be paid by the employer and insurer if the contingent fee stated above is inadequate to reasonably pay the attorney for representation in the medical or rehabilitation dispute.
Formal hearings are held before a Workers Compensation Judge. The judge may request an opening statement by each party. Witnesses are sworn in before testifying. The parties have a right to present their own witnesses and cross-examine witnesses presented by other parties. Parties also may submit exhibits of documents and reports which they want included in the formal hearing record. Testimony from witnesses and information from exhibits will be considered by the Judge. Each party may present a final statement on the claim and defenses. All hearings are conducted on record by tape recorder or by court reporter. After the hearing the judge will issue a Findings and Order. It is a “final decision” which means that there is no further review at the Office of Administrative Hearings. The decision is subject to an appeal on the evidentiary record however.
If either party disagrees with the decision (Findings & Order) of the Hearing Division Judge they can file a Appeal to the next level. If a party wishes to appeal, a notice of appeal must be filed within 30 days of receipt of the order. The Workers Compensation Court of Appeals (WCCA) will review the hearing record. The WCCA can affirm, reverse, remand or modify the Judge's order. All parties will receive a copy of the WCCA decision. An appeal from the WCCA decision may be made to the Minnesota Supreme Court.
Last Updated - September 19, 2007